Laidlow v. Hariton Machinery Company, Inc.

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Chief Justice Poritz PRESIDING

Argued November 5, 2001

The Workers’ Compensation system has been described as an historic “trade-off” whereby employees relinquish their right to pursue common-law remedies in exchange for prompt and automatic entitlement to benefits for work-related injuries. Millison v. E.I. du Pont de Nemours & Co., 101 N.J. 161, 174 (1985). That characterization is only broadly accurate. In fact, not every worker injured on the job receives compensation benefits and not all conduct by an employer is immune from common-law suit. The Legislature has declared that certain types of conduct by the employer and the employee will render the Workers’ Compensation bargain a nullity. Thus, for example, a worker whose death or injury is “intentionally” self-inflicted or results from a “willful” failure to make use of a safety device, furnished and required by the employer, will be ineligible for benefits. N.J.S.A. 34:15-7; Akef v. BASF Corp., 140 N.J. 408, 412-413 (1995). Likewise, an employer who causes the death or injury of an employee by committing an “intentional wrong” will not be insulated from common-law suit. N.J.S.A. 34:15-8; Millison, supra, 101 N.J. at 169.

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